[Code of Federal Regulations]
[Title 4, Volume 1]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 4CFR28.24]

[Page 41]
 
                            TITLE 4--ACCOUNTS
 
               CHAPTER I--GOVERNMENT ACCOUNTABILITY OFFICE
 
PART 28_GOVERNMENT ACCOUNTABILITY OFFICE PERSONNEL APPEALS BOARD; PROCEDURES 
 
                          Subpart B_Procedures
 
Sec.  28.24  Sanctions.

    The administrative judge may impose sanctions upon the parties as 
necessary to serve the ends of justice, including but not limited to the 
instances set forth in this section.
    (a) Failure to comply with an order or subpoena. When a party fails 
to comply with an order or subpoena (including an order for the taking 
of a deposition, for the production of evidence within the party's 
control, for an admission, or for production of witnesses), the 
administrative judge may:
    (1) Draw an inference in favor of the requesting party on the issue 
related to the information sought.
    (2) Prohibit the party failing to comply with such order or subpoena 
from introducing, or otherwise relying upon, evidence relating to the 
information sought.
    (3) Permit the requesting party to introduce secondary evidence 
concerning the information sought.
    (4) Strike any part of the pleadings or other submissions of the 
party failing to comply with such request.
    (b) Failure to prosecute or defend. If a party fails to prosecute or 
defend a petition, the administrative judge may dismiss the action with 
prejudice or rule for the petitioner.
    (c) Failure to make timely filing. The administrative judge may 
refuse to consider any motion or other action which is not filed in a 
timely fashion in compliance with this subpart.

[58 FR 61992, Nov. 23, 1993, as amended at 68 FR 69301, Dec. 12, 2003]

                  Parties, Practitioners and Witnesses